Contra Costa Herald

News Of By and For The People of Contra Costa County, California

Zepeda wins tie-breaker in Richmond council race

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Cesar Zepeda. Source: campaign photo

By Allen D. Payton

The tie between Cesar Zepeda and Andrew Butt in the Richmond City Council District 2 race was broken on Tuesday, Dec. 6, 2022, when Richmond City Clerk Pamela Christiansen pulled one of two envelopes out of a shopping bag. The candidates agreed to the process in which each had their name included in an envelope. (See related article)

The name on the green envelope the city clerk removed from the bag was Zepeda’s who will be the new District 2 Councilmember.

Supervisor John Gioia wrote on his Facebook page Tuesday afternoon, “Congratulations to Cesar Zepeda.  And my sympathies to Andrew Butt. This is a very hard way to lose an election after a hard fought campaign.  This shows that #EveryVoteMatters!”

However, as of today, Wednesday, December 7, according to Andrew’s father, outgoing Mayor Tom Butt, the Butt campaign has requested a hand recount of the ballots. More details about that to follow.

Hayward man arrested for mayhem, aggravated assault in blinding eye of Antioch fast food worker

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Isaac White-Carter. Booking photo by APD

U.S. Marshals assist; arrested last year and this year for battery and threats

By Public Information Officer Ashley Crandell, Support Services Division, Antioch Police Department

Isaac White-Carter caught on surveillance camera at Habit Burger Grill on Nov. 12, 2022.

On November 12, 2022, at approximately 5:25 pm, the Antioch Police Department Dispatch Center began receiving calls of an assault that occurred at The Habit Burger Grill located at 2430 Mahogany Way in Antioch. Officers learned an employee was punched in the face multiple times after protecting an individual with an intellectual disability from being bullied. The victim lost her right eye because of the incident.

Our Investigations Bureau worked tirelessly to identify and locate the suspect over the last several weeks. Through that ongoing investigation, Isaac White-Carter, a 20-year-old resident of Hayward, was identified as the assailant. Antioch Police Department Special Operations Unit detectives worked in collaboration with the United States Marshalls Service (USMS) to locate Mr. White-Carter. USMS Agents with the Pacific Southwest Regional Fugitive Task Force arrested White-Carter in Hayward, California, this morning and turned him over to Antioch Police detectives. He has been arrested for the felony charges of mayhem and aggravated assault causing great bodily injury.  Detectives will be presenting their case to the Contra Costa County District Attorney’s Office for prosecution.

We want to thank the Contra County Sheriff’s Office, the United States Marshalls Service, and members of the community who came forward to assist with this investigation.

During a press conference on Monday afternoon, Dec. 5, Detective John Cox shared that the victim will be helped by the Victims of Violent Crimes through the Contra Costa District Attorney’s Office. He also shared that White-Carter is known to Antioch Police and that he was arrested last year.

According to localcrimenews.com, White-Carter was arrested by Concord Police on August 31, 2021, for 243(A) – battery on a person and 422(A) – threats of violence. He was again arrested on March 14, this year for 243(E)(1) – battery on a spouse, cohabitant or former spouse and
422 – threats of violence.

Surveillance video screenshot of incident at Habit Burger Gril on Nov. 12, 2022.

The members of the Antioch Police Department express their support and gratitude to the victim for helping a community member in need.

If anyone has further information pertaining to the case, please contact Detective John Cox at jcox@antiochca.gov. You can also text an anonymous tip to 274637 (CRIMES) using the keyword ANTIOCH.

Allen D. Payton contributed to this report.

Contra Costa County elections for Nov. 8, 2022, now certified

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What happens in a tie such as Richmond council race?

By Dawn Kruger, Civic Outreach and Engagement Specialist, Contra Costa County Elections Division

Contra Costa County Clerk-Recorder-Registrar Debi Cooper certified the results of the November 8, 2022, General Election today, Friday, Dec. 2, 2022.

“Our elections team has once again administered an accurate, transparent, safe and secure election for Contra Costa County.  This team of expert staff made a very complicated and technical process look easy – it isn’t,” Cooper said. “I am proud of this talented group, who make democracy happen for Contra Costa voters and provide incredible service.  This includes: permanent staff, temporary workers, poll workers, and volunteers. I want to thank each of them for their hard work and civic service.  It is my honor and privilege to certify my last election as the head of this department.”

The Elections Division conducted the canvass to complete the official count of all qualified ballots and to perform audits to verify the tabulation equipment performed as intended.

The purpose of the canvass accomplishes four primary tasks: ensuring that every eligible ballot is counted, that voters only voted once, that proper procedures were followed, and that the vote tabulation system counted ballots properly.

The final turnout for this Primary Election totaled 394,153 ballots cast, representing 56.15% of the 701,969 registered voters of Contra Costa County.

The final official report for this election is now posted on the Contra Costa County Elections website at www.contracostavote.gov.

The following was posted on the Elections Division website and applies to the Richmond City Council District 2 race that ended in a tie: (See related article)

Every vote counts!!! What happens in the case of a tie?

The Contra Costa Elections Division has now certified our Official Results for the November 8, 2022 General Election. We had two very close races; one by only 3 votes and one that ended in a tie. This is perfect example why we say that EVERY VOTE COUNTS!

In the event of a tie vote, Election Code says that tie may be decided by “lot” – a game of chance. (The Elections office has conducted a tie-breaker before by the roll of dice.)

Each city that requests to consolidate their election must define in their resolution, how a tie will be decided. Richmond’s City Resolution 79-22 states that a tie for the Richmond City Council District 2 will be decided by the City of Richmond, once we certify the results. Please contact the Richmond City Clerk’s office for more information.

Supervisor Gioia Explains Tie-Breaker Process

According to District 1 Supervisor John Gioia in a Friday afternoon email shared the following about the process for the tie-breaker in the Richmond City Council District 1 race:

A Resolution passed by the Richmond City Council on 6/21/22 specifically states: “That the County Election Department is authorized to canvass the returns of the Municipal Election.”

California Elections Code 15302 defines what it means to “canvass the returns”, which basically means to count the ballots, and certify and report the results. Section (h) calls for “Reporting final results to the governing board (in this case, the City of Richmond) and the Secretary of State, as required.”

County Elections has now finished its statutory responsibility under the State Elections Code to “canvass” the ballots, certify the results, and report them to the City.

What happens when the official certified results are tied? California Elections Code 15651 provides – “determine the tie by lot”. In other words, the tie must be broken by a process that is based on chance, not on skill. A recent tied election in the County was determined by the roll of dice. Drawing a card, flipping a coin, or pulling a name out of a hat have been used in the past. No running races allowed!

The Mayor and City Council voted to establish their own process of chance. Under the Richmond City Council’s 6/21/22 resolution: “..if two or more candidates for mayor or in a district receive an equal and the highest number of votes, the City Clerk shall summon the candidates receiving the tie vote to appear before her, at the time designated by the City Clerk, in the Council Chamber. The City Clerk shall place the name of each candidate in a sealed unmarked envelope and the tie vote shall be broken by lot.”

It is now up to the Richmond City Clerk to conduct the process to break the tie, as set forth in their resolution. County Elections has no authority to conduct this tie-breaker. I’ve been told that Richmond’s City Attorney is advising the City Clerk on this issue.

This should be a public process. The City Clerk has previously stated that the process would be telecast on live streaming through the City’s website.

We will await to hear any announcements by the City Clerk on when, how and where the tie-breaking process will occur. I have heard that the City Clerk is out of the office today so it appears that any tie-breaker will not occur until next week.

Allen D. Payton contributed to this report.

D.A. Becton explains charging decision of suspect in Antioch robbery homicide of store clerk

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Based “on a legal and factual determination — and not an elective, optional, or discretionary one.”

Contra Costa County District Attorney Diana Becton issued the following statement on the charging decision of Ronald Benjamin Jackson, III who was arrested for robbing an Antioch gas station convenience store and killing the clerk, James Williams while exchanging gunfire on Sunday morning, Nov. 26. (See related articles here and here)

“The family, friends, and loved ones of James Williams are understandably devastated by the shocking news of his death in a gun battle at the Chevron station in Antioch on November 26th — where he worked as a store clerk. Our sympathies and condolences go out to those closest to him.

The Contra Costa County District Attorney’s Office declined to file murder charges in this case solely on a legal and factual determination — and not an elective, optional, or discretionary one. It was based upon an established law that clearly states a person cannot pursue another to retrieve stolen property once the threat of bodily injury or harm to the victim has subsided.

The video evidence of the incident clearly shows Ronald Benjamin Jackson, III, and another suspect exiting the Chevron station convenience store after the robbery and running from the scene. Mr. Williams is also seen in the video footage leaving the Chevron station store with a firearm while running after the robbers. Mr. Williams then fired upon Mr. Jackson, hitting him in the leg while he was fleeing and causing him to fall to the ground. Mr. Williams continued to approach Mr. Jackson with his firearm pointing at him when Mr. Jackson fired shots at Williams hitting him twice. Once in the chest and in the leg.

In the eyes of the law, Mr. Williams’ actions ceased to be self-defense when Mr. Williams pursued Mr. Jackson and the other suspect with a firearm — and continued to pursue Mr. Jackson after he shot him.

The legal distinction is clear: when your property and life are being threatened, an individual is legally justified in using deadly force in self-defense. However, once the threat of harm has dissipated, the victim of a property crime cannot then use deadly force to reclaim stolen property.

However, the reality of Mr. Williams’ tragic death will be a substantial factor in the DA’s position in asking for greater penalties in the sentencing of the defendants.

Diana Becton, District Attorney of Contra Costa County”

Allen D. Payton contributed to this report.

Final ballot count shows Butt, Zepeda tied in Richmond City Council District 2 race

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Candidates in the Richmond City Council District 2 race, Cesar Zepeda (left) and Andrew Butt (center) and Antioch City Council District 1 race (Tamisha Torres-Walker in pink coat and black hat) and Joy Motts (blonde hair in black coat) and their supporters listen to the results from the hand count of the ballots by the county Elections Division staff Thursday, Dec. 1, 2022. Photos by Allen D. Payton

Must be decided by lot which can include coin flip, drawing straws or Rochambeau

Elections Services Specialist Evan Ayers (right) collects counted ballots from Elections Division staff during a hand count on Thursday, Dec. 1, 2022.

By Allen D. Payton

The ballot counting is over and in the Richmond City Council District 2 race Andrew Butt and Cesar Zepeda are tied at 1,921 votes each.

After the county Elections Division staff “audited all contests and found no discrepancies”, and they had “added 11 ballots to the contest, last night”.  Those were from the ballots that were challenged due to a lack of signature on the outside envelope of a mail-in ballot or the voter’s signature didn’t match what is on file.

Assistant Registrar of Voters, Helen Nolan said there were 3,842 votes cast in the race with 1,921 votes for Butt and Zepeda.

“Those are going to be our official numbers”, she added, referring to when the election is certified and announced on Friday.

According to Contra Costa County Clerk-Registrar Debbie Cooper the Elections Division conducted an expansion of their regular 1% hand tally, tomorrow morning and are including the ballots from the additional precincts in both Antioch City Council Districts 1 and 4 and the Richmond City Council districts. The process was to certify the equipment is working properly and to help in determining the outcome in the two contests. There were 1,500 challenged ballots in the county that had to be cured by 5 p.m., yesterday. She said they will certify the election by this Friday, Dec. 2.

Cesar Zepeda awaits results as Andrew Butt speaks with Antioch District City Councilwoman and former Richmond resident Tamisha Torres-Walker who was awaiting the results in her contest at the Elections Division office in Martinez on Thursday, Dec. 1, 2022.

By city resolution the contest must now be decided by lot which can mean a flip of a coin, drawing straws, Rochambeau – rock paper scissors or whatever else the two candidates can agree on. However, Cooper said the council could approve having a run-off election but the City would have to pay for it and it could cost as much as $100,000.

Butt suggested to Zepeda, “arm wrestle?” with a laugh.

Zepeda is President of the West County Wastewater District Board and works as a health benefits consultant. Butt is a Richmond Planning Commission member and son of current Richmond Mayor Tom Butt who could not run for re-election as he is termed out.

Hazardous materials release at Martinez oil refinery contained heavy metals

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Source: Martinez Refining Company

A powdery substance released into the community by Martinez Refining Company (MRC) last week contained higher-than-normal amounts of heavy metals, tests of samples collected by Contra Costa Health (CCH) show.

CCH does not believe there is an immediate health risk to the community. The most significant health risks were short-term respiratory impacts from breathing in the metals in the hours after the release. Exposure to high concentrations of these metals over a long period of time could cause more serious health problems.

The accidental release of “spent catalyst” from the refinery began about 9:30 p.m. on Thanksgiving and into the early morning hours of Friday, Nov. 25. CCH’s testing of samples taken near the refinery showed levels of aluminum, barium, chromium, nickel, vanadium, and zinc higher than normal background levels for those metals.

CCH and the County’s Community Warning System were not notified of the release as required by law. CCH’s HazMat team learned about the release on Saturday morning after seeing community complaints about white dust on surfaces near the refinery. In its amended 72-hour report regarding the incident submitted to the health department, MRC says it is investigating why those notifications were not made.

“Martinez residents need an immediate response when there is a release at the refinery,” said Deputy Health Director Matt Kaufmann. “MRC’s failure to follow notification procedure cost us critical time we could have used to warn the public and reduce health risks in the community. It’s unacceptable.”

Anyone exposed to the material released from the Martinez refinery who is experiencing respiratory symptoms such as coughing, sore throat or difficulty breathing should contact their healthcare provider. People should avoid handling or breathing any remaining dust that has settled on the ground or other surfaces.

“We are concerned for people’s health anytime they are exposed to toxic metals,” said Dr. Ori Tzvieli, health officer for Contra Costa County. “Our goal going forward is to make sure something like this doesn’t happen again.”

MRC, owned by PBF Energy, had initially told the community that its own testing of samples collected from the release suggested it was a non-toxic mixture of materials. The company also offered free carwash vouchers to Martinez residents.

Industrial facilities such as MRC are required by state law and county policy to immediately report the release or suspected release of hazardous materials to emergency response authorities, including the county’s Community Warning System, which sends text and telephone messages with emergency instructions to affected parts of the county.

CCH is continuing to investigate the incident and will hold MRC to its legal responsibilities to cooperate with its review of this release. More information will be posted at cchealth.org as it becomes available. – Safety Data Sheet (SDS) – Catalyst

 

California receives $1.2 million of settlement with Concord nursing home for poor care

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State Attorney General Bonta thanks U.S. Attorney’s Office for assistance

California Attorney General Rob Bonta on Tuesday secured a settlement against a Contra Costa County skilled nursing facility resolving allegations of understaffing and patient abuse and neglect. The settlement resolves claims that for five years, San Miguel Villa subjected its patients to poor care due to understaffing and effectively rendered a number of its services useless. The settlement amounts to a total of $2.3 million, with California receiving $1.2 million. (See related article)

“Corporate profits should never be placed above patient needs and care,” said Attorney General Rob Bonta. “Every patient is entitled to humane care, and skilled nursing facilities should always have the appropriate level of staffing to ensure this standard of dignity is met. I want to thank the U.S. Attorney’s Office for their critical help during the course of this investigation. With the help of our federal partners, my office will continue to protect the well-being of all Medi-Cal beneficiaries.”

In June 2017, the California Department of Justice’s Division of Medi-Cal Fraud and Elder Abuse (DMFEA) responded to a report from the U.S. Attorney’s Office for the Northern District of California (USAO) involving allegations of overmedication of residents at San Miguel Villa. The USAO requested DMFEA’s assistance in the investigation. Conducted by DMFEA and the USAO, the investigation analyzed residents’ medical charts, surveys from the California Department of Public Health, prescription records, and publicly available staffing information from 2012-2017 – the time frame when the alleged mistreatment occurred. The investigation uncovered evidence of understaffing at the facility resulting in harm to residents, such as increased falls, patient-on-patient violence, weight loss, and overmedication to render patients more manageable. Tuesday’s settlement amounts to a total of $2.3 million, with California receiving $1.2 million.

The California Department of Justice’s DMFEA protects Californians by investigating and prosecuting those who defraud the Medi-Cal program as well as those who commit elder abuse. These settlements are made possible only through the coordination and collaboration of governmental agencies, as well as the critical help from whistleblowers who report incidences of abuse or Medi-Cal fraud at oag.ca.gov/dmfea/reporting.

DMFEA receives 75% of its funding from HHS under a grant award totaling $53,792,132 for federal fiscal year 2022-2023 The remaining 25% is funded by the State of California. The federal fiscal year is defined as October 1, 2022, through September 30, 2023.

A copy of the settlement is available here.

Concord nursing home to pay $2.3 million in settlement of grossly substandard care allegations

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Submitted false claims in billing to Medicare and Medi-Cal programs

By U.S. Attorney’s Office, Northern District of California

Tranquility Incorporated, a corporation doing business as San Miguel Villa which is a 190-bed skilled nursing facility located in Concord, CA, has agreed to pay $2.3 million to settle allegations that it submitted false claims by billing the Medicare and Medi-Cal programs for grossly substandard nursing home services it provided to its residents between 2012 and 2017, announced United States Attorney Stephanie M. Hinds and Department of Health and Human Services Office of Inspector General (HHS-OIG) Special Agent in Charge Steven J. Ryan. (See settlement)

The settlement resolves allegations that from 2012 to 2017 San Miguel Villa submitted, or caused to be submitted, claims to the Medicare and Medi-Cal programs for payment of its services that were grossly substandard and failed to meet minimum required standards of skilled nursing care in multiple ways. The United States alleges that nursing home residents at San Miguel Villa were overmedicated with psychotropic drugs, suffered excessive falls, were exposed to resident-on-resident altercations, and experienced other mental and physical harm.

“Residents of nursing homes are among the most vulnerable in our community, and they rely on Medicare and Medi-Cal programs to provide the care and services they must have,” said United States Attorney Stephanie M. Hinds. “Nursing homes are entrusted to impart competent and quality care to their residents. This case demonstrates that when federal funds are provided but substandard care is delivered, this office is committed to seeking accountability.”

“Nursing homes are intended to be places of comfort and healing, but the provision of substandard care jeopardizes the residents’ health and safety,” stated Steven J. Ryan, Special Agent in Charge with HHS-OIG. “HHS-OIG and our law enforcement partners are staunchly dedicated to investigating allegations of inadequate care at Medicare- and Medicaid-certified nursing homes.”

Assistant U.S. Attorney Gioconda Molinari investigated the matter with the assistance of Paralegal Lillian Do and Auditor Garland He. The United States Attorney’s Office initiated the investigation with assistance from HHS-OIG as part of its ongoing commitment to ensure that nursing home residents receive the necessary skilled nursing home services that they are entitled to and require. The United States Attorney’s Office acknowledges and thanks HHS-OIG as well as the California Department of Justice’s Division of Medi-Cal Fraud and Elder Abuse for their assistance in investigating this matter.

Working in conjunction with the United States Department of Justice Elder Justice Initiative, the United States Attorney’s Office runs an Elder Justice Task Force to identify and investigate nursing homes that provide grossly substandard care, and to support the efforts of state and local prosecutors, law enforcement, and other elder justice professionals who combat elder abuse, neglect and financial exploitation. If you or a loved one is experiencing abuse at a nursing home, please contact the California Long Term Care Ombudsman Crisis line at 1-800-231-4024, or the National Elder Fraud Hotline at 1-833–FRAUD–11 (or 833–372–8311).

 

BAC Community Bank promotes Andy Narayan to Relationship Banker

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Andy Narayan, BAC Community Bank Relationship Banker. Photo: BAC Community Bank

By Josef Britschgi, Marketing & Communication Administrator, BAC Community Bank

BAC Community Bank has announced the promotion of Andy Narayan to the position of Relationship Banker.  In this new capacity, he will be responsible for managing a dedicated portfolio of designated customer relationships.

Narayan currently serves as Customer Service Manager at a different BAC Community Bank branch and will continue in that role as well.

Andy Narayan joined BAC Community Bank in 2020 and has managed both the Bank’s Country Club branch office in Brentwood and the Oakley branch. He also has more than 15 years of banking experience.

Over the past several years, Narayan has identified and responded to changing needs of customers, staff, and the local community. Such initiative has resulted in his being entrusted with a role of increasing responsibility and authority.

“BAC is very pleased to be giving Andy the opportunity to use his years of experience with our organization to better serve our customers,” said Eddie Lira, Executive Vice President and Chief Commercial Banking Officer.  “We fully expect he will continue to provide our customers with the high-quality service they deserve while enabling us to achieve our goals for growth as a company.”

Chief Executive Officer Dana Bockstahler noted, “BAC Community Bank has a long-standing policy of promoting from within whenever possible. This way, our staff and customers both benefit from the knowledge and skills acquired over time while ensuring the continued delivery of high-quality service our reputation demands. We believe Andy will flourish in his new role.”

About BAC Community Bank

BAC Community Bank is California’s 10th oldest state-chartered bank. Established in 1965, BAC operates branch offices throughout San Joaquin, Stanislaus, and eastern Contra Costa counties and is identified as “one of the strongest financial institutions in the nation” by BauerFinancial, Inc.

The bank is centrally headquartered in Stockton, California, and is continuously recognized for banking excellence through local awards and banking industry accolades.

BAC Community Bank is an Equal Housing Lender and Equal Opportunity Employer. Member FDIC. More information is available online at www.bankbac.com.

 

Challenger Motts catches incumbent Torres-Walker in tied-up Antioch City Council District 1 race

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Joy Motts (left) and Tamisha Torres-Walker are tied in the Antioch City Council District 1 race as of Wednesday, Nov. 23, 2022.

19 challenged ballots remain to be counted; if remains a tie the candidates would decide the tie breaker

By Allen D. Payton

As of Wednesday, Nov. 23, 2022, at 3:12:59 PM, the Contra Costa Elections Division website shows incumbent Antioch District 1 Councilwoman Tamisha Torres-Walker and challenger Joy Motts are tied with 1,462 votes each. While the website shows there are still 1,900 ballots remaining to be counted in the county, according to Assistant Registrar of Voters Helen Nolan, “now, there are 19 challenged votes in the Antioch City Council District 1 race.”

“They’re either unsigned or the signatures don’t match,” she explained. “Every single person who has a challenged ballot has received a letter in order to cure that signature, either to provide a signature or provide their signature that matches what we have on file.”

“The important thing to remember is what we have on file is most likely what is on their driver’s license,” Nolan added.

“What the campaigns can do, and I believe are doing, are get copies of the challenged voters list and contact those voters,” she stated. The list is available but “it either has to be for education purposes or for elections purposes.”

Of the 1,900 ballots remaining in the county, 217 are listed as Provisional, which are described as “CVR (Conditional Voter Registration) Ballots In Review” and 1,683 listed as Other, meaning “Challenged VBM (Vote By Mail) Ballots” in which there was “No Signature” or the “Signature Does Not Match” what the Elections Division has on file. The challenged ballots in the Antioch race are among both types of remaining ballots.

According to the California Secretary of State’s website, “A ‘CVR voter’ is a person who, on Election Day or the fourteen (14) days immediately preceding Election Day, does both of the following:

  1. Delivers an executed affidavit of registration to the county elections official in order to register to vote in California for the first time, or re-register to vote in the same or a different county in California. The executed affidavit of registration can be submitted either in person at any permanent office of the county elections official, at any vote center or polling place, or at any satellite office designated by the county elections official or online through the Internet Web site of the Secretary of State.
  2. Requests a CVR ballot at any permanent office of the county elections official, at any vote center or polling place, or at any satellite office designated by the county elections official.”

Voters with challenged ballots have until Wednesday, Nov. 30 to cure their ballot with the county Elections Division office.

Tie-Breaker Decided by Candidates

Asked what happens if there’s a tie vote Nolan said the election would be decided by “whatever tie breaker the candidates agree to. It could be a flip of a coin, roll of the dice or rock, paper, scissors.”